Section 23.20.420. Hearing procedure and record.

   (a) Each party shall be promptly given a reasonable opportunity for fair hearing.  An appeal tribunal shall inquire into and develop all facts bearing on the issues and shall receive and consider evidence without regard to statutory and common law rules.  The appeal tribunal shall include in the record and consider as evidence all records of the department that are material to the issues.
   (b) The department shall adopt regulations governing the manner of filing appeals and the conduct of hearings and appeals consistent with the provisions of this chapter.  A record shall be kept of all testimony and proceedings in an appeal, but testimony need not be transcribed unless further review is initiated.
   (c) Witnesses subpoenaed shall be allowed fees at a rate fixed by the department.  The fees of witnesses subpoenaed on behalf of the department or a claimant are considered part of the expense of administering this chapter.
   (d) A member of the department, or of an appeal tribunal, or a person acting on behalf of the department may not participate in an appeal in which the person has an interest.

Notes

Implemented As

8 AAC 85.150
8 AAC 85.151
8 AAC 85.152
8 AAC 85.153
8 AAC 85.154
8 AAC 85.156
8 AAC 85.157
8 AAC 85.225

References

8 AAC 85.225
8 AAC 85.500

History

(Sec. 803 ch 5 ESLA 1955)